Attorney Timothy Riley is an experienced San Diego violent offenses lawyer. These violent offenses can range from assault and battery to murder and more. At Timothy Riley Law, APC, we can identify issues that others may miss and have a keen ability to narrow the focus on issues that are important for to our clients’ defense. If you are suspected of murder, aggravated assault, or any other violent crime, you need an experienced criminal defense attorney to fight against the heavy weight of the government resources. A skilled lawyer not only looks for ways to get the charges against you reduced or dismissed but also focusses on developing an effective criminal defense trial strategy.
Timothy Riley has a 26-year track record as a successful San Diego criminal defense lawyer. He has demonstrated success for those facing criminal charges, both felonies and misdemeanors in San Diego and throughout California. Timothy Riley is a skilled lawyer who not only looks for ways to get the charges against you reduced or dismissed but also focusses on developing an effective criminal defense trial strategy.
MURDER
California Penal Code 187 defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Malice aforethought is a state of mind and can be express or implied. Express malice is intent to kill and implied malice is a conscious disregard for human life. Murder is further divided into first degree and second degree murder.
FIRST DEGREE MURDER
First degree murder is intentional killing with premeditation and deliberation. There are also ways of killing that can qualify the murder as first degree. These ways of killing include lying in wait, torture, bomb, poison and more. In California, a felony murder can also be first degree murder where the killing is committed during the commission of certain felonies. If convicted of first degree murder, you can be sentenced to death, life in prison without parole, 25 years to life in prison or other. Per California law Penal Code 189, all murder that is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or that is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under the law, or murder that is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. Also, per California law Penal Code 190, every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in California law.
SECOND DEGREE MURDER
Per California law, all murder not qualified for first degree murder may fall under second degree murder. You can also be charged with second degree murder if you kill someone while DUI of alcohol or drugs. If you are convicted of second degree murder, you can be sentenced to 15 years to life unless certain aggravating factors raise the sentence to 20 years to life or 25 years to life.
Per California law Penal Code 190, except as provided in law, every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life except every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 25 years to life if the victim was a peace officer who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties and any of the following facts has been charged and found true:
(1) The defendant specifically intended to kill the peace officer.
(2) The defendant specifically intended to inflict great bodily injury on a peace officer.
(3) The defendant personally used a dangerous or deadly weapon in the commission of the offense.
(4) The defendant personally used a firearm in the commission of the offense.
Additionally, every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 20 years to life if the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury.
If you are suspected of murder, aggravated assault, or any other violent crime, you need an experienced criminal defense attorney to fight against the heavy weight of the government resources. A skilled lawyer not only looks for ways to get the charges against you reduced or dismissed but also focusses on developing an effective criminal defense trial strategy.
At the Law Offices of Timothy Riley, we have substantial experience in defending clients accused of violent crimes in San Diego and Orange County. As a former public defender, Mr. Riley has defended countless serious and violent felonies achieving success where others failed. Mr. Riley offers a comprehensive view of the criminal justice system and appreciates that the true art of defense relies on thorough investigation, constant client communication, cutting edge technology and the continued passion to vigorously defend against such allegations. With strike laws often sending people to prison for decades and life, it is imperative that you have an experienced attorney on your side, prepared to properly defend you or a loved one.
